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Compendium Project

School Law: State of Rhode Island

Module 1, Legal Framework of Education

  1. Education laws in Rhode Island are developed and enacted through the Rhode Island General Assembly ( based on the Rhode Island State Constitution (can be read in full at Article XII of Education professes:

Section 1. Duty of general assembly to promote schools and libraries. -- The diffusion of knowledge, as well as of virtue among the people, being essential to the preservation of their rights and liberties, it shall be the duty of the general assembly to promote public schools and public libraries, and to adopt all means which it may deem necessary and proper to secure to the people the advances and opportunities of education and public library services.

Section 2. Perpetual school fund. -- The money which now is or which may hereafter be appropriated by law for the establishment of a permanent fund for the support of public schools, shall be securely invested and remain a perpetual fund for that purpose.

Section 3. Donations. -- All donations for the support of public schools, or for other purposes of education, which may be received by the general assembly, shall be applied according to the terms prescribed by the donors.

Section 4. Implementation of article -- Diversion of funds prohibited. -- The general assembly shall make all necessary provisions by law for carrying this article into effect. It shall not divert said money or fund from the aforesaid uses, nor borrow, appropriate, or use the same, or any part thereof, for any other purpose, under any pretence whatsoever.

However, specific education laws are addressed in terms of General Laws, which can be found at A history of the Rhode Island General Assembly can also be found at and the process of how a bill becomes a law can be found at All laws relating to education in Rhode Island fall under Title 16 of the can be accessed on the web at

  1. The Rhode Island Department of Elementary regulates Elementary and Secondary Education and Secondary Education located in Providence. Information can be found at Mr. Peter McWalters is the current Commissioner of Education, and has been since 1992. This is a position one must be appointed to by the Governor and acts in conjunction with the Board of Regents to set policies that affect all elementary and secondary schools in the state. You can access the Commissioner’s website, including a description of his responsibilities at This includes links to his biography and other pertinent information regarding his policies, speeches, and advisories. Information on the Rhode Island Board of Regents can be accessed at The primary responsibility of the board is to create and oversee all policies relating to elementary and secondary education with the Commissioner of Education. Here, there are links to the history, powers, and duties of the board along with other information on agendas and member information.
  1. The Rhode Island Department of Elementary and Secondary education is not only responsible for setting education policies, but is also responsible for:
  1. Department of Standards, Instruction, and Student Assessment- identifying and developing frameworks (in our case GLEs) or standards to help school districts develop curricula and define what students should be able to do. In addition, this department of the DOE define quality teaching and learning and oversee the state’s standardized assessment program
  1. Department of Middle and High School Reform- in the process of identifying content standards and graduation requirements.
  1. Department of Special Education-ensure that people with disabilities are given the proper support care and treatment that they need including the use of IEPs
  1. Department of School Improvement and Accountability: develops systems that ensure schools are constantly seeking high expectations from their students through the use of various accountability programs (i.e. SALT surveys, etc).
  1. Department of Charter Schools: ensure that charter schools are operating according to state laws and policies while allowing them to work under their own charters.
  1. Department of Teacher Certification, Preparation, and Professional Development: Oversees the quality of teacher preparation programs and the professional development requirements of teachers including fees, education plans, and mentoring programs.
  1. Department of integrated social services: Responsible for the whole child to ensure academic success including health and social services.
  2. Department of Career and Technical Education: Responsible for overseeing alternative schools that are based more on students acquiring a trade rather than on more academic pursuits.
  1. Department of Federal and State Funding: Responsible for the distribution of state and local funds to school districts according to appropriate laws and regulations.
  1. Department of Legislative and Legal Information: Often interprets and rules on issues that arise under federal and state laws and regulations.
  1. Department of Adult Education and GED: Help people become literate and knowledgeable to become productive members of society, aid in the education of their children, and qualify for the GED.
  1. Department of Education Data: Collects the data from all of the school departments in the state and forms reports as part of the InformationWorks project. Specific data areas are available on the website at
  1. Department of Technology in Education: Collects and reviews technology plans from all the districts in the state.
  1. The Rhode Island State Court structure begins with the Rhode Island State Constitution ( specifically with Article X of the Judicial Power. The Judiciary of Rhode Island ( includes valuable information about the court system in Rhode Island. In addition, the Superior Court web page provides a link to “Knowing your Courts” at This valuable resource that explains fully the responsibilities of the Rhode Island Superior Court (there are five in Rhode Island). There is also the Supreme Court of Rhode Island as a last resort for state cases ( which includes a Frequently Asked Question page to help people understand the Rhode Island Supreme Court responsibilities. Appeals from the Rhode Island Supreme Court become the jurisdiction of the United States Court of Appeals, First Circuit, and then perhaps become cases heard by the United States Supreme Court.

Module 2, Church-State Relations

  1. Rhode Island General Laws, Chapter 16-12, Rights and Duties of Teachers Generally, addresses most religious issues in schools. Subsequently, the following apply:

(a) 16-12-3: Duty to Cultivate Principles of Morality: “Every teacher shall aim to implant and cultivate in the minds of all children committed to his or her care the principles of morality and virtue (

(b)16-12-3.1, Period of Silent Meditation, addresses time for students to have to themselves: “At the opening of every school day in all grades in all public schools the teacher in charge of the room in which each class is held shall announce that a period of silence not to exceed one minute in duration shall be observed for meditation, and during this period silence shall be maintained and no activities engaged in (

  1. Rhode Island General Laws, Chapter 16-40 addresses Private Schools in terms of their accountability to the Department of Education, their reporting of information, and their policies relating to student records (
  1. There is also one precedent setting case in Rhode Island that focuses on Church-State relations. In the case Lee v. Weisman (505 U.S. 577 (1992) Concepts: School Prayer/Freedom of Religion Establishment Clause) in which a fourteen year old student sought to prevent school officials from inviting religious officials to say prayers at graduation ceremonies. In a 5-4 decision, the U.S. Supreme Court ruled that allowing prayer as part of a school program is unconstitutional. The Court reasoned that it would coerce students into establishing a state religion. Voluntary private prayer was permissible (
  1. Please see the link (Chapter 16-21-7) that addresses that parents who do not want their child to be treated medically by the school “nurse teacher” due to religious reasons, must submit permission to the school, and must be adhered to.

Module 3, School Desegregation

  1. The Rhode Island General Laws as set forth by the Rhode Island General Assembly addresses school desegregation as part of Education, Title 16. More specifically, Chapter 16-38 says, “No person shall be excluded from any public school on account of race or color, or for being over fifteen (15) years of age, nor except by force of some general regulation applicable to all persons under the same circumstances ( In addition, Chapter 16-38-1.1 addresses issues with discrimination on the bases of sex (
  1. Chapter 16-74-1: Guaranteed Student Entitlement, defines equity in a financial manner in that all students should have the same educational opportunities regardless of the ability to pay (taxpayers). The statute in full can be found at
  1. After using the search engine Google to research any court cases in Rhode Island regarding desegregation issues in schools, especially those that could be considered landmark cases in the state, none were found.

Module 4, Student Classification

  1. Rhode Island guide to working with ESL (English as a Second Language) now called ELL (English Language Learners). According to the Rhode Island General Laws, Chapter 16-54 ( “The Rhode Island Constitution recognizes the diffusion of knowledge as essential to the preservation of the rights and liberties of all the people and places the responsibility on the general assembly to promote public schools and to adopt all means deemed necessary and proper to secure to the people the advantages and opportunities of education. As this responsibility relates to limited English proficient students, the state asserts that these students shall be provided with appropriate programs and services, which will make their educational opportunities equal to their English dominant peers. Programs or services developed by local schools must, at the very least, provide for the attainment of English language proficiency and academic achievement.” Furthermore, it is the duty of the state to provide services even to students where the language impedes the student’s academic progress (Chapter 16-54-2). Financial aspects of meeting the needs of these students is classified in Chapter 16-54-4 (

2. Rhode Island General Laws, Chapter 16-24 includes the responsibility of the state to address students with disabilities ( The duty of the school committee to provide special education includes, “(a) In any city or town where there is a child with a disability within the age range as designated by the regulations of the state board of regents for elementary and secondary education, who is functionally limited to such an extent that normal educational growth and development is prevented, the school committee of the city or town shall provide the type of special education that will best satisfy the needs of the child with a disability, as recommended and approved by the state board of regents for elementary and secondary education in accordance with its regulations.

(b) In those cases that an individual education plan has been adopted for a child and the child moves to another town or city, the plan shall remain in effect until a new plan is adopted for the child in the new town or city ( In addition, the chapter also focuses on specific requirements such as: census, transportation, facilities, funding, definitions, residential facilities, approved centers, and payment for services. Chapters 16-25 and Chapter 16-26 also give laws relating to the education of the deaf and blind.

3For the education of Gifted Student, Rhode Island General Laws, Chapter 16-42 ( addresses that the establishment of programs for gifted and talented students. It also includes the regulation of such programs.

  1. Chapter 16-64 states that students should attend school in the city or town which they live, even those who are placed in group homes. This residency law also speaks about students who are temporarily placed in differing cities or towns and how disputes over residency are handled (
  1. There is a website: that addresses the educational rights of students in Rhode Island. This is created by the Rhode Island Office of the Child Advocate. According to this state run website, it is illegal for Rhode Island schools to deny schooling to children of illegal immigrants.
  1. According to the same website, “A homeless student is one who lacks a fixed, adequate nighttime residence. It includes sharing a house with others because your family was evicted or has no money; living in motels; living in public places; or in substandard housing. It also includes children waiting for foster care placements, such as emergency shelters or night-to-night placements that are not fixed. It includes children who have run away from home and have no address. There is a Federal Court suit filed by The Office of Child Advocate in Rhode Island that prohibits DCYF from putting children in night-to-night placements and requires that children be transported to their school during the day, if there is an emergency overnight placement outside their school district.”

Module 5, Students’ Rights

  1. Rhode Island General Laws speak to the rights of students in a variety of different places. For example, students (along with teachers and families) have a right to a safe school (Chapter 16-2-17) (
  1. Chapter 16-12-10, addresses immunity reports of suspected substance abuse. It states, “Any teacher, school administrator, school guidance counselor, school psychologist, school drug counselor, school nurse, supervisor of attendance, attendance teacher, or attendance officer having reasonable cause to suspect that an elementary or secondary school student is abusing a controlled substance or alcohol, or is under the influence of a dangerous drug or alcohol, or has in his or her possession a controlled substance or alcohol, who reports this information to the appropriate elementary or secondary school officials pursuant to the school's drug policy, or if the school has no drug policy to the school's principal or the parents of the student under eighteen (18) years of age, or to a police agency, shall have immunity from any civil liability that might otherwise be incurred or imposed as a result of the making of the report (
  1. Student Interrogations are covered in General Law Chapter 16-21.5 in that, parents must take immediate steps to obtain the appropriate oral consent of the parent or guardian before allowing questioning ( Also included in the chapter are definitions and policy regarding extenuating circumstances.
  1. Chapter 16-22-11 under Curriculum looks at the “Pledge of Allegiance.” While all schools must start the day with the pledge, no student is forced to do it (
  1. Also under Chapter 16-22-20 (Curriculum), students may refuse to participate in the dissection or vivisection of an animal. According to the law, an alternate lesson must be given to that student (
  1. Chapter 16-23-2, allows for students to textbooks and supplies free of charge (
  1. Rhode Island General Laws Chapter 16-38-5, protects students against questionnaires invading privacy. The law states, “It shall be unlawful for any person, persons, or institution, educational or otherwise, to circulate or permit to be circulated in any school in this state any questionnaire intentionally or unintentionally framed as to ask the pupils of any school intimate questions about themselves and/or their families, trespassing upon the pupil's constitutional rights and invading the privacy of the home, unless the questionnaire has received the approval of the department of elementary and secondary education and the local school committee. Any person, persons, or institution that is found to be guilty of a violation of this section shall be punished by a fine not exceeding one hundred dollars ($100) for each offense (
  1. Students, parents, and legal guardians have a right to the student’s records according to Rhode Island General Law 16-71-3, including the confidentiality of records (
  1. Chapter 16-19 of the Rhode Island General Laws indicates that there is compulsory attendance in all state schools. Specifically, attendance is required of all students age 6 to 16 (with written permission to terminate) (
  1. Home-schooling (and private schooling) is also addressed in Chapter 16-19-2 and requires that students who are home schooled receive instruction equal to that of a public school, including records and curriculum being required by the Department of Education (
  1. Chapter 16-19-6, 7, 8, 9, & 10, all deal with truant students and include the requirements of students to have hearings in family court with parents facing fines to the cities or towns in which they live. Students rendered fit for excclusion from school will be considered wayward children by the state (
  1. All state school holidays are outlined by the General Assembly in Chapter 16-20 and include most federal and state holidays as well as provisions for special obersvances (
  1. Chapter 16-21 addresses the health and safety of students and includes that a “nurse teacher” be on staff in each school in the state to provide health care and instruction, except if religious beliefs contradict that and are supplied in written form ( Many other chapters in this section of the law also deal with dental, hearing, and vision screenings for public school students.
  1. Chapter 16-21-18 & 19 address students who bring firearms to school. The law states: “The school penalty for bringing or possessing a weapon as defined in 18 U.S.C. § 921, a firearm or realistic replica of a firearm within school premises, premises being used for school purposes or activities, into a vehicle used for school transportation, or onto a roadway or path along which school children or teachers are walking to school shall be suspension from school for one year. This penalty will also be incurred when a student is not on school premises but when he or she aims a firearm or realistic replica of a firearm at school premises, school vehicles, or students, staff, or visitors attending school or in transit to or from school. This term of suspension may be shortened by the superintendent of schools on a case-by-case basis and under guidelines to be developed by the school committee with broad parent, teacher, and community involvement ( Providence however, along with many other municipalities, boasts a NO TOLERANCE POLICY when dealing with students and firearms. Different rules apply to students with disabilities who are in possession of a firearm (
  1. Information on Student Discipline Codes (Chapter 16-21-21) is rather broad. The law states: “Each school committee shall make, maintain, and enforce a student discipline code. The purpose of the code is to foster a positive environment that promotes learning. The department of elementary and secondary education shall provide necessary technical assistance in the development of the student discipline code. The school committee shall cause the school discipline code to be distributed to each student enrolled in the district. Each student and his or her parent, guardian, or custodian shall sign a statement verifying that they have been given a copy of the student discipline code of their respective school district This does however, get more specific in Chapter 16-21-26 and addresses the following areas:
  1. harassment, intimidation, and bullying
  2. policies that address such incidents
  1. Chapter 16-21-24 addresses the requirement of schools to create and submit to the Department of Education a crisis response plan that includes all policies and protocols when a crisis or emergency occurs (

17. Chapter 16-2 requires Superintendents of Schools (a) Except as specifically provided in this section, every city or town shall establish and maintain for at least one hundred eighty (180) days annually exclusive of holidays a sufficient number of schools in convenient places under the control and management of the school committee and under the supervision of the board of regents for elementary and secondary education. In lieu of convenient location the school committee may provide transportation for pupils to and from school in accordance with the provisions of chapter 21 of this title. (b) School facilities shall include a sufficient number of kindergartens.